Please help! I appreciate it! 2 year requirement from J-1.

[newmember33]

Hello,

Please help me and advise what I can do in this situation. Currently, I am an international student from Ukraine(F-1 Visa). Four and a half years ago I had J-1 Visa. US Department of State had paid for it about $15,000. On J-1 Visa I came to study for 1 year in US high school and live with US host family. Then, I went back to Ukraine and was there 2 months. Afterwards, I came back to the US on F-1 visa. My mother immigrated to the US 3.5 years ago and she received her green card. She applied for me as her daughter under 21 with I-130. I-130 was approved and I received a notice that my Visa number became current under the category “unmarried daughter of a permanent resident under 21.” I became 21 in June of 2013, but because of the Child Protection Act my age in June 2013 was 19.8. I started preparing i-485 documents and then, found out that I had to complete the 2 years requirement to be in Ukraine because of the J-1 visa. Please, advise me what to do in this situation. I do not want to lose my category as a child under 21.

· Can I pay $15,000 to the US Department of Sate so that I would not have to go back to Ukraine?

· Is there a chance USCIS would approve my application i-485 even though I did not fulfill the requirement of 2 years? For instance, if I write an explanation letter and give arguments that my only relative is my mother and she is in the US, if I show all of the awards that I received in the US?

· Should I go back to Ukraine in June of 2014 and then, apply from there? Would I be able to keep my category then? I had also heard that if I send the fees and DS 260 before June 2014, my age would be frozen then for 1 year. Then, I would need to send documents in parts to National Visa Center and as long as I send something each year, it would automatically freeze my age for another year. Am I able to send docs in parts? Is it true about freezing my age?

· Should I file i-485 right now, and then, if USCIS would deny me due to the 2 year requirement, can I keep the category as a unmarried daughter under 21 and go back to fulfill 2 year requirement, since I would file docs on time, and it would be not my fault that I need to go for 2 years to Ukraine and I cannot apply yet?

· Who decides whether I get to keep my category or not?

· If USCIS would still deny i-485 and leaving my category, can I petition it, file an appeal (or another authority)?

· Is there anything else you would recommend me to do so that I can fulfill 2 year requirement and keep my category?

Thank you very much for your assistance. I appreciate it a lot.

Have a good day!

[rayb]

Your failure to honor the 2-year J1 requirement is the impediment here. I worked with an Indonesian lady who did the very same thing, 35 years ago. She left the U.S. from a J1 visa, then returned on a student visa, subsequently overstayed, married, had a child, the child became 21, and the child petitioner her mom. The paperwork was in review status and they discovered her incomplete J1 from the 1970's and was denied. I don't know her subsequent outcome, as we lost contact with each other about the time she was hiring an attorney to overcome the denial.

The J1 2-year requirement can be overcome, but my last research involving Brazilian J1 teachers showed that the exemption has to be generated from the sending country, through whatever agency in the country of origin maintains the list of J1 categories subject to the 2-year requriement.

-Ray B

Hello,

Please help me and advise what I can do in this situation. Currently, I am an international student from Ukraine(F-1 Visa). Four and a half years ago I had J-1 Visa. US Department of State had paid for it about $15,000. On J-1 Visa I came to study for 1 year in US high school and live with US host family. Then, I went back to Ukraine and was there 2 months. Afterwards, I came back to the US on F-1 visa. My mother immigrated to the US 3.5 years ago and she received her green card. She applied for me as her daughter under 21 with I-130. I-130 was approved and I received a notice that my Visa number became current under the category “unmarried daughter of a permanent resident under 21.” I became 21 in June of 2013, but because of the Child Protection Act my age in June 2013 was 19.8. I started preparing i-485 documents and then, found out that I had to complete the 2 years requirement to be in Ukraine because of the J-1 visa. Please, advise me what to do in this situation. I do not want to lose my category as a child under 21.

· Can I pay $15,000 to the US Department of Sate so that I would not have to go back to Ukraine?

· Is there a chance USCIS would approve my application i-485 even though I did not fulfill the requirement of 2 years? For instance, if I write an explanation letter and give arguments that my only relative is my mother and she is in the US, if I show all of the awards that I received in the US?

· Should I go back to Ukraine in June of 2014 and then, apply from there? Would I be able to keep my category then? I had also heard that if I send the fees and DS 260 before June 2014, my age would be frozen then for 1 year. Then, I would need to send documents in parts to National Visa Center and as long as I send something each year, it would automatically freeze my age for another year. Am I able to send docs in parts? Is it true about freezing my age?

· Should I file i-485 right now, and then, if USCIS would deny me due to the 2 year requirement, can I keep the category as a unmarried daughter under 21 and go back to fulfill 2 year requirement, since I would file docs on time, and it would be not my fault that I need to go for 2 years to Ukraine and I cannot apply yet?

· Who decides whether I get to keep my category or not?

· If USCIS would still deny i-485 and leaving my category, can I petition it, file an appeal (or another authority)?

· Is there anything else you would recommend me to do so that I can fulfill 2 year requirement and keep my category?

Thank you very much for your assistance. I appreciate it a lot.

Have a good day!